Question juridique clé
Whether use of 'Atlantis' in the appellant's business designation created a confusingly similar sign under Art. 956 CO
Solution extraite
Yes. 'Atlantis' was the striking element in both designations and the overall impression created a patent risk of confusion.
Motifs extraits
The parties operated similar beauty services in a close geographical area; the appellant used the sign commercially in business listings, advertising and as an enseigne; the added terms were merely descriptive and did not sufficiently distinguish the signs.